Terms of Use

The Member Agreement below is effective for all members Last Updated on January 16th 2011

Welcome to GainingGod.com, the weight gain community for adults (the "Service"). Please read these terms and conditions carefully to be sure that you understand them. Once you have completed your online registration procedure, your membership has been activated and you have entered into a legally binding contract for the provision of this Service.

1. Eligibility

You must be eighteen (18) or over to register as a member of GainingGod.com or use this Web site. Membership in the Service is invalid where prohibited. By using this Web site, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement.

The Service is for the personal use of individual members only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become members and should not use the Service for any purpose.

2. Member accounts, passwords and security

You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to:

1. immediately notify GainingGod.com of any unauthorized use of your password or account or any other breach of security
2. ensure that you exit from your account at the end of each session

Sharing your user name and password with anyone else, is a ground for immediate cancellation of your GainingGod.com account and/or subscription. GainingGod.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

3. Termination

You agree that GainingGod.com, in its sole discretion, may terminate your password, account (or any part thereof), subscription, or use of the Service, and remove and discard any Content within the Service, for any reason. Cause for such termination shall include, but not be limited to:

1. breaches or violations of this agreement
2. requests by law enforcement or other government agencies
3. a request by you (self-initiated account deletions)
4. discontinuance or material modification to the Service (or any part thereof)
5. unexpected technical or security issues or problems
6. extended periods of inactivity
7. you have engaged in fraudulent or illegal activities
8. nonpayment of any fees owed by you in connection with the Services

You agree that any termination of your access to the Service under any provision of this agreement may be effected without prior notice, and acknowledge and agree that GainingGod.com may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that GainingGod.com shall not be liable to you or any third-party for any termination of your access to the Service.

4. Member conduct

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not GainingGod.com, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Service. GainingGod.com does not guarantee the accuracy, source, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will GainingGod.com be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Service.

You agree to NOT use the Service to:

1. upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
2. harass or harm other members or visitors of the site in any way;
3. impersonate any person, member, visitor, or entity, including, but not limited to, a GainingGod.com official, forum or chat operator, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
5. upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, copyrighted material for which you do not own the copyright, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
6. upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
7. upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose;
8. upload, post, email or otherwise transmit any material that contains software viruses, spyware, or any other computer code, files or programs designed to interrupt, monitor, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
9. disrupt the normal flow of dialogue, cause a chat screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges and chat;
10. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
11. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, and any regulations having the force of law;
12. "stalk" or otherwise harass other members or visitors;
13. download data from the web site using any automated means, including spiders, robots, crawlers or the like;
14. use any public space on the site, including but not limited to the forums, to attack, condemn, or expose any services or policies of the site, its management, partners, staff, or members;
15. collect or store personal data about other users without their permission or knowledge.

Any items listed above may result in termination of your member account and/or visitor access to this site, partner sites, and services.

You acknowledge that GainingGod.com may not pre-screen Content, but that GainingGod.com and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, GainingGod.com and its designees shall have the right to remove any Content that violates this agreement, the Community Guidelines, or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by GainingGod.com or submitted to GainingGod.com, including without limitation information in the forums, chat, personal ads, columns, and in all other parts of the Service.

You acknowledge and agree that GainingGod.com may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:

1. comply with legal process
2. enforce this agreement
3. respond to claims that any Content violates the rights of third-parties
4. protect the rights, property, or personal safety of GainingGod.com, its users and the public

You are solely responsible for your interactions with other members. GainingGod.com reserves the right, but has no obligation, to monitor disputes between you and other members.

You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

5. Public content posted to GainingGod.com

For purposes of this agreement, "publicly accessible areas of the Service" are those accessible by the general public. By way of example, a publicly accessible area of the Service would include public GainingGod.com informational pages and GainingGod.com personals but not solely limited to these.

With respect to Content you elect to post for inclusion in publicly accessible areas of GainingGod.com or that consists of photos or other graphics you elect to post to any other publicly accessible area of the Service, you grant GainingGod.com the world-wide, royalty free and non-exclusive license to reproduce, modify, adapt and publish such Content on the Service solely for the purpose of displaying, distributing and promoting the specific GainingGod.com area to which such Content was submitted, or, in the case of photos or graphics, solely for the purpose for which such photo or graphic was submitted to the Service. This license exists only for as long as you elect to continue to include such Content on the Service and shall be terminated at the time you delete or request removal of such Content from the Service.

With respect to all other Content you elect to post to other publicly accessible areas of the Service, you grant GainingGod.com the royalty-free, perpetual, irrevocable, non-exclusive and fully sub licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.

6. Member disputes

You are solely responsible for your interactions with our other members. We reserve the right, but have no obligation, to monitor disputes between you and other members.

7. No resale of service

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, (including your GainingGod.com account), use of the Service, or access to the Service.

8. Proprietary information

The Service contains information that is proprietary to our partners, our members and us. You may not modify, post, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information without having first received the express written permission of the owner of such information.

9. Modifications to service

GainingGod.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that GainingGod.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

10. Dealing with advertisers

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that GainingGod.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

11. Links

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because GainingGod.com has no control over such sites and resources, you acknowledge and agree that GainingGod.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that GainingGod.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

12. Disclaimer of warranties

You expressly understand and agree that:

1. Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. GainingGod.com expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
2. GainingGod.com makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the software will be corrected.
3. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
4. No advice or information, whether oral or written, obtained by you from GainingGod.com or through or from the service shall create any warranty not expressly stated in this agreement.

14. Limitation on liability

In the absence of any negligence or other breach of duty by us, your use of the Site and this Service is entirely at your own risk.

If we are in breach of the arrangements under this Agreement, we will not be responsible for any losses that you suffer as a result, except those losses that are a reasonably foreseeable consequence of the breach.

We do not have any liability of any sort (including liability for negligence) for the acts or omissions of providers of telecommunication services or for faults in or failures of their networks and equipment.

15. Modifications to this agreement

We may alter or amend our terms and conditions upon giving reasonable notice in advance of such amendment taking effect. If upon receiving any notice, if you do not wish to continue with the Service, you may terminate the contract upon giving us notice, such notice to take effect upon the earlier of our receipt of your notice or the date upon which the amended terms and conditions would otherwise have taken effect. You will be deemed to have accepted any alteration and/or amendment if you continue to use the Service after the relevant period of notice has expired.

16. Release

In the event that you have any claim or action against any other member arising from that member's use of our Site or the Service, you agree to pursue such claim or action independently of and without any demands from us, and you release us from all claims, liability and damages, arising from or in any way connected to the claim or action.

In the event that a claim or action is brought against us from your activities or use of the Web site or the Service, including any breach by you of this Agreement or any charges or complaints made by other parties against you, you agree to pay, hold harmless and defend us in the claim or action. You also agree to cooperate as fully as reasonably required in the defense of any claim and allow us to assume the exclusive defense and control of the matter.

17. Dispute resolution

We will try to solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take court proceedings, English law governs this contract and you must do so within the United Kingdom.